Common use of Damages for breach of maintenance obligations Clause in Contracts

Damages for breach of maintenance obligations. 17.5.1 In the event that the Operator fails to repair or rectify any defect or deficiency in a Bus, as set forth in the Maintenance Requirements and within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the rate of 0.01% (zero point zero one per cent) of the Performance Security. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.

Appears in 2 contracts

Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement

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Damages for breach of maintenance obligations. 17.5.1 In the event that the Operator fails to repair or rectify any defect or deficiency in a Bus, as set forth in the Maintenance Requirements and within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for per bus for each day of delay until the breach is cured, at the rate of 0.010.2% (zero point zero one per cent) of the Performance SecuritySecurity equivalent to one bus. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof. For the avoidance of doubt, the Parties agree that the Damages specified in this Clause17.5.1 shall not be due and payable for and in respect of any day that includes a Non-Available Hour.

Appears in 1 contract

Samples: Chapter Iv

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Damages for breach of maintenance obligations. 17.5.1 In the event that the Operator fails to repair or rectify any defect or deficiency in a Bus, as set forth in the Maintenance Requirements and within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the rate of 0.01% INR 2,500 (zero point zero one Rupees Twenty Five Hundred) per cent) of the Performance Securitybus. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.

Appears in 1 contract

Samples: Concession Agreement

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